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From Sam Ruby <ru...@intertwingly.net>
Subject Re: Project moving to ASF, IP issues
Date Wed, 14 Apr 2010 01:51:18 GMT
On Mon, Apr 12, 2010 at 6:40 AM, Kore Nordmann <mail@kore-nordmann.de> wrote:
> Hash: SHA1
> Hi,
> We would like to move an active open source project to the Apache
> Software Foundation, because of internal changes in the company which
> yet hosted the project. I do not want to name that project yet, to not
> cause false expectations in our community, and would like to clarify on
> some legal issues first.
> I hope this mailing list is the correct place to ask, otherwise feel
> free to point me to the correct list / person.
> The project has been developed under the hood of a company, mostly by
> developers hired by that company. The project yet was licensed under the
> New BSD license (3 clause) [1], and also had external contributors. The
> external contributors had to sign a CLA before the were allowed to
> contribute to the project. The used CLA was based on the ASFs CLA, and I
> attached an anonymized version of it to the mail.
> Now, my questions:
> 1) Who, besides the current active contributors to the project, would
>   need to sign the ASF CLA to make the project an Apache project?
> 1.1) Do all current and recent employees of the company need to sign
>     it, who contribute or contributed to the software?
> 1.2) Do all external contributors, who signed the old CLA also need to
>     sign the new CLA, no matter if they want to continue contributing?
> 2) The company itself would be happy to relicense the source code under
>   the Apache license and grant the ASF all rights they need. Are all
>   the external contributors required to explicitly consent this step?
> 3) Are there any other major legal issues doing this step?

There aren't any simple, generic answers.  The place to start is at
the Apache Incubator, and any code will need a sponsor:


For legal aspects, I would recommend reviewing the 'IP Clearance"
information available as a link from that page.

Based on the information provided, I don't expect there will be any
insurmountable issues.  I do expect that there will need to be a
reasonable effort made to contact the external contributors.

> Looking forward to your answers,
> Kind regards,
> Kore
> [1]
> http://en.wikipedia.org/wiki/BSD_licenses#3-clause_license_.28.22New_BSD_License.22.29
> - --
> Kore Nordmann                                        (GPG 0xDDC70BBB)
> - - What I do:                   http://kore-nordmann.de/portfolio.html
> - - Motivate me:                      http://wishlist.kore-nordmann.de/

- Sam Ruby

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